RNI  No. MAHENG /2009/35528

Reg. No. MH/MR/South-344/2014–16

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 In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the City of Mumbai Primary Education, the Maharashtra Primary Education, the
Hyderabad Compulsory Primary Education and the Madhya Pradesh Primary Education (Repeal)
Act, 2013 (Mah. Act No. XXV of 2014), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

H. B. PATEL,
Principal Secretary to Government,
Law and Judiciary Department.

XV of
1920.

LXI of
1947.

Hyd. XL of
1952.

M.P. XXIII
of 1956.

MAHARASHTRA ACT No. XXV OF 2014.

(First published, after having received the assent of the Governor in the
“Maharashtra Government Gazette”, on the 26th June 2014).

An Act to repeal the City of Mumbai Primary Education Act, the

Maharashtra Primary Education Act, the Hyderabad Compulsory Primary
Education Act, 1952 and the Madhya Pradesh Primary Education Act, 1956
and  to provide for matters connected therewith  or incidental thereto.

WHEREAS  for  the  purposes  of  securing  development  and
expansion  of primary  education,  the  City  of  Mumbai  Primary
Education  Act,  the  Maharashtra Primary  Education  Act,  the
Hyderabad  Compulsory  Primary  Education  Act,  1952 and  the
Madhya Pradesh Primary Education Act, 1956 had been enacted
and made applicable in certain areas of the State of Maharashtra;

AND WHEREAS there was no uniformity in the provisions of the

said Acts;

AND WHEREAS by the Constitution (Eighty-sixth Amendment)
Act, 2002 article 21A has been inserted in the Constitution of India
which provides for free and compulsory education to all children of
the age of six to fourteen years as a fundamental right;

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(1)

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AND WHEREAS to give effect to the said Constitutional Amendment,
the Government of India has enacted the Right of Children to Free and
Compulsory Education Act, 2009 which has been brought into force
with effect from the 1st April 2010 ;

35 of
2009.

AND WHEREAS some of the provisions of the said State Acts

had become void in view of the said Central Act;

AND WHEREAS with a view to have uniformity in the primary
education system and strict implementation of the provisions of the
Right of Children to Free and Compulsory Education Act, 2009 in
the State of Maharashtra, the Government considered it expedient
to repeal the said State Acts ;

35 of
2009.

AND WHEREAS both Houses of the State Legislature were not

in session;

AND  WHEREAS  the  Governor  of Maharashtra  was  satisfied
that circumstances existed which rendered it necessary for him to
take  immediate  action  to  repeal  the  City  of  Mumbai  Primary
Education  Act,  the  Maharashtra  Primary Education  Act,  the
Hyderabad Compulsory Primary Education Act, 1952 and the Madhya
Pradesh Primary Education Act, 1956 and to provide for the matters
connected  therewith  or  incidental  thereto,  for  the  purposes
hereinafter appearing ; and, therefore, promulgated the City of
Mumbai Primary Education, the Maharashtra Primary Education,
the Hyderabad Compulsory Primary Education and the Madhya
Pradesh Primary Education (Repeal) Ordinance, 2013, on the 1st
July 2013;

XV of
1920.
LXI of
1947.
Hyd. XL
of 1952.
M.P.
XXIII of
1956.

Mah.
Ord. XI
of 2013.

AND WHEREAS it is expedient to replace the said Ordinance
by an Act of the State Legislature; it is hereby enacted in the Sixty-
fourth Year of the Republic of India as follows :—

Short title
and  commence-
ment.

1.

( 1 )  This Act may be called the City of Mumbai Primary
Education, the Maharashtra Primary Education, the Hyderabad
Compulsory Primary Education and the Madhya Pradesh  Primary
Education (Repeal) Act, 2013.

(2) It shall be deemed to have come into force on the 1st July 2013.

Definitions.

2.

(1)  In  this  Act,  unless the  context  otherwise requires,—

(a) “Government” means the Government of Maharashtra ;

(b) “local authority” means,—

(i) in relation to the schools managed by a Municipal
Corporation, the Municipal Corporation constituted under
the Mumbai  Municipal Corporation Act or, as the case may
be, the Maharashtra Municipal Corporations Act;

III of
1888.

LIX of
1949.

(ii) in  relation  to  the  schools  managed  by  a Zilla
Parishad, the Zilla  Parishad constituted  under  the
Maharashtra Zilla Parishads and Panchayat Samitis Act,
1961 ;

Mah. V
of 1962.

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3

(iii)

in relation to the schools managed by the Municipal
Council, Nagar Panchayat or, as the case may be, Industrial
Township, the Municipal Council, Nagar Panchayat or
Industrial Township constituted under the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965;

(iv) any  other  authority  treated  as  local  authority

under any other law;

(c)

“repealed  Acts”  means        the  City  of  Mumbai  Primary
Education  Act,  the  Maharashtra  Primary  Education  Act,  the
Hyderabad  Compulsory  Primary  Education  Act,  1952 and  the
Madhya Pradesh Primary Education Act, 1956.

Mah. XL
of 1965.

XV of
1920.
LXI of
1947.
Hyd. XL
of 1952.
M.P.
XXIII of
1956.

(2) Words and expressions used in this Act but not defined, shall
have the meanings respectively assigned to them in the repealed
Acts.

Mah.
XXV
of 2014.

3.

(1) On the commencement of the City of Mumbai Primary
Education, the Maharashtra Primary Education, the Hyderabad
Compulsory Primary Education and the Madhya Pradesh Primary
Education (Repeal) Act,   2013   (hereinafter  referred  to  as   “the
said Act”),—

Repeal of XV of
1920, LXI of
1947, Hyd. XL
of 1952 and
M.P. XXIII of
1956 and
savings.

XV of
1920.
LXI of
1947.
Hyd. XL
of 1952.
M.P.
XXIII of
1956.

(a) the City of Mumbai Primary Education Act;

(b) the Maharashtra Primary Education Act;

(c) the Hyderabad Compulsory Primary Education Act,

1952; and

(d) the Madhya Pradesh Primary Education Act, 1956,

shall stand repealed.
(2) On and from the date of commencement of the said Act,—

(a)  the  School  Boards,  Local  Committees  or  any  other
Committees or Boards constituted under the repealed Acts and
the rules made thereunder, shall stand dissolved at the expiry
of their respective terms and the members shall vacate their
offices accordingly ; such School Boards, Local Committees or
any  other  Committees  or  Boards  shall  work  under  the
superintendence, direction and control of the concerned local
authority ;

(b) the concerned local authority may constitute School
Boards,   Local   Committees   or   any   other Committees or
Boards as per their requirements and in accordance with the
provisions of the law applicable to such local authority ;

(c) all properties movable and immovable, and interests of
whatever nature and kind therein, vested in the School Boards
and Local Committees, immediately before the commencement
of the said Act shall be deemed to be transferred to, and shall vest
in the concerned local authority subject to all limitations and
conditions  and  rights  or  interests  of  any  person,  body or
authority  in  force  or  subsisting  immediately  prior  to such
commencement;

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(d) all debts, liabilities and obligations incurred by School Boards
and Local Committees, immediately before the commencement of the
said Act  and lawfully subsisting against any such School Boards and
Local Committees shall be discharged and satisfied by the concerned
local authority;

(e) every employee serving under the School Boards and Local
Committees, immediately before the commencement of the said Act
shall stand transferred to the concerned local authority, and the
salaries and existing terms and conditions of service of such employees
shall continue until duly altered or modified by the local authority :

Provided that, the conditions of service applicable to such
employees immediately before the commencement of the said Act
shall not be varied to their disadvantage;

(f) the salaries and existing terms and conditions of service of
the teaching and non-teaching employees of the schools established
under the repealed Acts and appointed as per the Government orders,
issued from time to time, shall be continued as per the existing
Government  policy    until  duly  altered  or  modified  by  the
Government:

Provided that, the conditions of service applicable to such
employees immediately before the commencement of the said Act shall
not be varied to his disadvantage;

(g) the setup of the officers conferred with duties under the
repealed Acts and rules made thereunder such as Director, Joint
Director, Deputy Director, Education Officer, Deputy Education Officer
and the like, appointed by the State Government, shall be continued
until duly altered or modified by the Government;

(h) the Provident Fund, Gratuity, Pension and other benefits
payable to the teaching and non-teaching employees of schools
established under the repealed Acts, shall be maintained and paid
by the concerned local authority as per the existing policy under the
repealed Acts and the rules made thereunder ;

(i) the grants and rent payable to the schools established under
the repealed Acts shall be paid by the Government as per the existing
policy under the repealed Acts and the rules made thereunder until
duly altered or modified by the Government;

(j) the Primary Education Fund maintained under the repealed

Acts, shall stand transferred to the concerned local authority;

(k) the concerned local authority shall prepare the Budget in
respect of the schools run by it in accordance with the provisions of
the law applicable to such local authority;

(l) the powers of superintendence, inspection and control, in
respect of the schools run by the Municipal Corporations shall be with
the concerned Municipal Commissioner and other sub-ordinate
officers authorized by him in that behalf; and in respect of the schools
run by the Municipal Councils, Nagar Panchayats, Industrial
Townships, and the Zilla Parishads, such powers shall be with the
concerned Chief Officer or, as the case may be, the Chief  Executive
Officer   and   other   sub-ordinate officers authorized by him in that
behalf;

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5

(m) the  establishment  of  schools,  syllabus,  examinations,
administration and all related matters shall be subject to the
provisions  of  the  Right  of  Children  to    Free  and  Compulsory
Education Act, 2009;

35 of
2009.

(n) all directions or orders issued by the Government in    respect
of the repealed Acts and the rules made thereunder before the
commencement of the said Act, not inconsistent with the provisions
of the Right of Children to Free and Compulsory Education Act, 2009,
shall be continued and applicable, unless altered, modified or revoked
by the Government;

35 of
2009.

(o) all appeals of employees of the schools established under the
repealed Acts relating to the service conditions filed and pending
before any authority  under  the  repealed  Acts,   shall be continued
and  disposed  of  by  such  authority,  until  a  new  authority  is
established by the Government.

(3) The repeal of the Acts   under sub-section ( 1) shall not

affect—

(a) the previous operation of the repealed Acts or anything

duly done or suffered thereunder ;

(b) any agreement, contract, right, privilege, obligation or
liability acquired, accrued or incurred under the repealed Acts;

(c) any penalty, forfeiture or punishment incurred in respect

of any offence committed under the repealed Acts;

(d) any investigation, legal proceedings or remedy in respect
of any such agreement, contract, right, privilege, obligation,
liability, penalty, forfeiture or punishment as aforesaid; and any
such investigation, legal proceedings or remedy may be instituted,
continued or enforced as if the repealed Acts had not been
repealed;

(e) any appointments made by the School Boards and Local
Committees, as per the Government orders, issued from time
to time ; and

35 of
2009.

(f) subject to the provisions of the Right of Children to Free
and Compulsory Education Act, 2009, the schools established
under the repealed Acts.

Explanation.—For  the  purposes  of  this  section,  the
expressions “ School Boards ” and “ Local Committees” means
the Boards and Committees dissolved under clause (a) of sub-
section(2).

(4) Save as otherwise provided in this Act, the provisions of
section 7 of the Maharashtra General Clauses Act, with regard to
effect of repeal, shall apply.

I of
1904.

4. The State Government may, from time to time, issue such
guidelines  and  give  such  directions  not  inconsistent  with  the
provisions of the Right of Children to Free and Compulsory Education
Act, 2009, as it deems fit, to the local authority regarding the
provisions of section 3 of this Act.

35 of
2009.

Power to issue
directions.

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Power to
remove doubt
or difficulties.

5.

(1) If any doubt or difficulty arises in giving effect to the
provisions of this Act, the Government may, as occasion arises, by
an  order,  published  in  the Official  Gazette, do  anything,  not
inconsistent with the provisions of this Act, which appears to it to
be necessary or expedient for the purposes of removing the doubt
or difficulty :

Provided that, no such order shall be made after the expiry of a

period of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon
as  may  be,  after  it  is  made,  before  each  House  of  the  State
Legislature.

Repeal of
Mah. Ord. XI
of 2013 and
saving.

6.

(1) The  City  of  Mumbai  Primary  Education,  the
Maharashtra  Primary  Education,  the  Hyderabad  Compulsory
Primary Education and the Madhya Pradesh Primary Education
(Repeal) Ordinance, 2013, is hereby repealed.

Mah.
Ord. XI
of 2013.

(2) Notwithstanding such repeal, anything done or any action
taken (including any notification or order issued) under the said
Ordinance, shall be deemed to have  been done, taken or, as the case
may be, issued under this Act.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT
GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.

